Open Questions: SARS capture, Bain & Company, Tom Moyane

1. Moyane perjury charges: The Zondo Commission recommended perjury charges against Tom Moyane. Has the NPA filed any charges, set any court date, or made any public decision on this recommendation?

   Status: Unresolved as of April 2026. No charges filed. Consistent with NPA’s broader failure to act on Zondo recommendations for senior ANC-connected figures. NDPP Batohi retired January 30, 2026; new NDPP Andy Mothibi took over February 1, 2026 — no reported change in approach.

2. US DOJ FCPA investigation of Bain: The Zondo Commission recommended the US Department of Justice investigate Bain under the Foreign Corrupt Practices Act. Has any US investigation been opened?

   Status: Unresolved as of April 2026. No public announcement of a US DOJ investigation into Bain under FCPA. McKinsey Africa was investigated and settled ($122m DPA, December 2024) — this may have increased pressure on DOJ to look at Bain, but no formal announcement found.

3. Remaining ~R1.8bn in Bain public sector fees: Athol Williams estimated Bain earned ~R2bn from all SA public sector contracts but only repaid R217m (SARS fees). Have any of the other fees been recovered? Has the National Treasury ban resulted in any civil claims against Bain?

   Status: Unresolved as of April 2026. No reports of civil recovery beyond the SARS repayment. The 10-year ban (2022–2032) prevents new contracts but does not automatically trigger recovery of past fees. No civil claim reported.